TEXAS DEPARTMENT OF CRIMINAL JUSTICE
PD-49 (rev. 12), “LEAVES OTHER THAN MEDICAL AND PARENTAL”
AUGUST 1, 2018
TABLE OF CONTENTS
SECTION PAGE NUMBER
AUTHORITY ............................................................................................................................ 1
APPLICABILITY ..................................................................................................................... 1
EMPLOYMENT AT WILL CLAUSE .................................................................................... 1
POLICY STATEMENT ........................................................................................................... 1
DEFINITIONS .......................................................................................................................... 2
DISCUSSION ............................................................................................................................ 3
PROCEDURES
PART A: ACCRUED LEAVES ............................................................................................... 3
I. Vacation, Holiday, Compensatory, and Overtime Leave ................................................ 3
A. Leave Accruals and Availability ......................................................................... 3
1. Vacation Leave ........................................................................................ 3
a. Accrual Rates and Maximum Carryovers ................................... 4
b. Six-Month Service Requirement for Use of Vacation Leave...... 5
c. Vacation Leave Accrued While on Paid Leave........................... 6
d. Impact of Leave Without Pay ...................................................... 6
e. Impact of Exhausting Accrued Leave Prior to Separation .......... 6
2. Holiday Leave ......................................................................................... 6
a. Schedule of Holidays .................................................................. 6
b. Entitlement to Holiday Pay or Leave .......................................... 6
c. Lapsing of Holiday Leave ........................................................... 7
3. Compensatory Leave ............................................................................... 7
4. Overtime Leave ....................................................................................... 8
B. Use of Accrued Leave ......................................................................................... 8
1. General Provisions .................................................................................. 8
2. Employee Responsibilities ...................................................................... 9
PD-49 (rev. 12)
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a. Management of Time Balances ................................................... 9
b. Sufficient Notice ......................................................................... 9
c. Request to Observe Optional Holidays ....................................... 9
d. Request for Use of Three Days or Less ....................................... 9
e. Request for Use of More than Three Days .................................. 9
f. Reason for Use ............................................................................ 10
3. Supervisor Responsibilities ..................................................................... 10
a. Approval or Denial Process ......................................................... 10
(1) Approvals ........................................................................ 10
(2) Denials ............................................................................. 10
b. Maintaining Documentation ........................................................ 11
4. Human Resources Representative Responsibilities ................................ 11
II. Leave Balances upon Separation from Employment ...................................................... 11
A. Transfer to Another State Agency or Institution ................................................. 11
1. Vacation Leave Accruals ........................................................................ 11
2. Holiday and Compensatory Leave Accruals ........................................... 11
B. Payment for Unused Accrued Leave ................................................................... 12
1. Vacation Leave ........................................................................................ 12
2. Holiday and Compensatory Leave .......................................................... 12
3. Overtime Leave ....................................................................................... 13
C. Exhausting Leave Accruals ................................................................................. 13
1. Reduction-in-Force Employees ............................................................... 13
2. Non-Reduction-in-Force Employees ....................................................... 13
D. Retirement Credit and Impact on Retirement ..................................................... 13
E. Restoration of Vacation Leave Accruals upon Reemployment .......................... 14
III. Payment to Estate upon Employee’s Death .................................................................... 14
PART B: ADMINISTRATIVE LEAVE ................................................................................. 14
I. General Provisions .......................................................................................................... 14
II. Administrative Leave for Adverse Conditions ................................................................ 15
A. Mandatory Evacuations ....................................................................................... 15
B. Officially Closed Offices .................................................................................... 15
1. Employee Notification ............................................................................ 15
2. Time Reporting ....................................................................................... 15
C. Officially Closed Roadways ................................................................................ 16
D. Requesting Administrative Leave for Officially Closed Roadways ................... 16
E. Approval or Denial Process ................................................................................. 17
PD-49 (rev. 12)
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III. Administrative Leave for Death in Immediate Family ................................................... 17
IV. Administrative Leave for Jury Duty ................................................................................ 18
A. General Provisions .............................................................................................. 18
B. Documentation .................................................................................................... 18
C. Amount of Administrative Leave ........................................................................ 19
1. Day-Shift Employees .............................................................................. 19
2. Night-Shift Employees ............................................................................ 19
V. Medical and Mental Health Care Leave for Veterans ..................................................... 20
A. Employee Responsibility ..................................................................................... 20
B. Human Resources Representative Responsibility ............................................... 20
C. Approval Process ................................................................................................. 20
VI. Other Categories of Administrative Leave ...................................................................... 20
A. Wardens and Department Heads Designated Authorizing Officials ................... 20
1. Voting - Elections .................................................................................... 20
2. Volunteer Firefighters or Emergency Medical Services (EMS)
Volunteers ............................................................................................... 21
3. Employees Requiring a Service Animal ................................................. 21
4. Foster Parents .......................................................................................... 21
5. American Red Cross Certified Disaster Service Volunteers ................... 22
6. Employees Donating Blood .................................................................... 22
7. Bone Marrow or Organ Donors............................................................... 22
8. Certain Amateur Radio Operators ........................................................... 22
9. Certain Members of Urban Search and Rescue Teams ........................... 22
10. Certified Peace Officers in the Office of Inspector General ................... 23
11. Training for Reserve Law Enforcement Officers .................................... 23
B. Procedures for Use .............................................................................................. 23
C. Administrative Leave for Court Appointed Special Advocates (CASA)............ 24
PART C: LEAVES WITHOUT PAY (LWOP) ...................................................................... 24
I. General Provisions .......................................................................................................... 24
A. Guarantee of Employment .................................................................................. 24
B. Maximum Leave Without Pay Calendar Days .................................................... 24
C. Effect of LWOP on State Service Calculations and Leave Accrual ................... 26
D. Continuation of Insurance Coverage While on Leave Without Pay ................... 26
E. State-Issued Items or Equipment ......................................................................... 27
II. Use of LWOP-State Parental, LWOP-Family Medical Leave, and LWOP-Medical ..... 27
III. LWOP-Military ............................................................................................................... 27
PD-49 (rev. 12)
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IV. LWOP-Criminal History ................................................................................................. 27
V. LWOP-Other ................................................................................................................... 28
A. General Provisions .............................................................................................. 28
B. Procedures for Use of LWOP-Other Requested by the Employee ..................... 28
C. Separation from Employment – Expiration of LWOP-Other ............................. 29
Attachment A: PERS 24, TDCJ Leave Request (08/18)
Attachment B: PERS 571, Lump Sum Deferral Enrollment Form, Texa$aver 401(k) and 457 Plans
(08/18)
Attachment C: PERS 638, Veterans Health Administration Leave (08/18)
Attachment D: PERS 302, Expiration of Leave Without Pay Notification (08/18)
TEXAS DEPARTMENT
OF
CRIMINAL JUSTICE
NUMBER:
DATE:
PAGE:
SUPERSEDES:
PD-49 (rev. 12)
August 1, 2018
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PD-49 (rev. 11)
September 1, 2015
EXECUTIVE DIRECTIVE
SUBJECT: LEAVES OTHER THAN MEDICAL AND PARENTAL
AUTHORITY: Tex. Gov’t Code §§ 437.202, 437.254, 493.001, 493.006(b), 659.001–
.308, 661.001–.924, 662.001, 662.003–.022; Tex. Election Code
§ 276.004(b); Tex. Fam. Code § 2.401; Family Medical Leave Act, 29
U.S.C. §§ 2601–2654; Fair Labor Standards Act (FLSA), 29 U.S.C.
§§ 201-219; BP-02.08, “Statement of Internal Controls”
APPLICABILITY: Texas Department of Criminal Justice (TDCJ)
EMPLOYMENT AT WILL CLAUSE:
These guidelines do not constitute an employment contract or a guarantee of continued
employment. The TDCJ reserves the right to change the provisions of these guidelines at any
time.
Nothing in this directive limits the executive director’s authority to establish or revise human
resources policy. This directive guides the operations of the TDCJ and does not create a legally
enforceable interest for employees or limit the executive director’s, deputy executive director’s,
or division directors’ authority to terminate an employee at will.
POLICY:
The TDCJ grants leave in accordance with applicable federal and state laws and without regard
to race, color, religion, sex (gender), national origin, age, disability, or genetic information. The
TDCJ has zero tolerance for all forms of discrimination. No employee shall be subjected to
harassment or retaliation for opposing or reporting an alleged violation of a federal or state law
relating to leave entitlements or benefits.
PD-49 (rev. 12)
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DEFINITIONS:
“Child” means a biological, adopted, or foster son or daughter, stepchild, legal ward, or a child
for whom an individual is standing or has stood “in loco parentis.”
“Correctional Career Position” includes the following TDCJ positions: (1) correctional officer
(CO) III, IV, and V; (2) supervisor of COs (sergeant through warden); (3) food service manager
(FSM) II, III, and IV; and (4) laundry manager (LM) II, III, and IV.
“Essential Employee,” for the purpose of this directive, is an employee receiving hazardous duty
pay and necessary to support emergency operations as determined by a warden or appropriate
division director. On a limited case-by-case basis, some longevity pay employees may be
determined essential by a warden or appropriate division director. Longevity pay employees
shall be provided notice that they are essential prior to a foreseeable emergency, or given
adequate response time after notice for a spontaneous emergency event.
“In Loco Parentis” means “in the place of a parent” and is the status of having day-to-day
responsibilities to care for or financially support a child. This status may apply to an employee’s
relationship with a child or a person’s relationship to an employee when the employee was a
child. A biological or legal relationship is not necessary. For example, a host parent of a foreign
exchange student is standing “in loco parentis” for the foreign exchange student.
“Leave Without Pay (LWOP) Calendar Day” is a calendar day of leave that counts against an
employee’s maximum 180 calendar days of LWOP during a rolling 12-month period; this term
includes a calendar day of LWOP-Family Medical Leave (FML), LWOP-State Parental, LWOP-
Medical, LWOP-Criminal History (CH), or LWOP-Other.
“Marriage” includes “ceremonial marriage” and “informal marriage,” which are the two types of
marriage recognized by the state of Texas and defined as follows:
a. “Ceremonial Marriage” is a marriage documented by: (1) a marriage license
recorded with a county clerk; and (2) a marriage certificate issued by the county
clerk.
b. “Informal Marriage,” previously known as common law, is a marriage that is not
necessarily documented through a county clerk, but is valid when a couple agree
to be married and after that agreement live together in the state of Texas as a
married couple and represent to others that they are married.
“Non-Essential Employee,” for the purpose of this directive, is an employee receiving longevity
or hazardous duty pay and not considered necessary to support emergency operations as
determined by a warden or appropriate division director.
“Officially Closed Roadway” is a roadway that has been closed by a governmental entity or
official, such as the Texas Department of Transportation (TxDOT), county official, sheriff’s
office, or police department.
PD-49 (rev. 12)
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“Parent” is a biological, adoptive, step, or foster father or mother, or an individual who stands or
has stood “in loco parentis” to an employee when the employee was a child.
“Reduction-in-Force (RIF) Separation” is the involuntary separation from employment of an
employee whose position has been eliminated by the TDCJ for reasons not related to job
performance or disciplinary violations.
“Rolling 12-Month Period,” for the purpose of this directive, is the 12-month period measured
backward from an employee’s first LWOP calendar day within a period of LWOP.
“Spouse” means a person to whom a person is legally married.
“Veteran,” for the purpose of this directive, is an employee who has served in the U.S. Army,
Navy, Air Force, Coast Guard, or Marine Corps, or the Texas National Guard.
“Work Cycle” is the consecutive seven-, eight-, or nine-day period of time during which the
hours worked are computed to determine wage and time compensation.
“Workday,” for the purpose of this directive, means a day when an employee is normally
scheduled to work.
“Working Retiree” is an active TDCJ employee who concurrently holds a retirement status
through the Employees Retirement System of Texas (ERS).
DISCUSSION:
Other personnel directives that include procedures for use of leave include PD-27, “Employment
Status Pending Resolution of Criminal Charges or Protective Orders,” PD-46, “Medical and
Parental Leave,” PD-50, “Sick Leave Pool,” PD-53, “Employee Awards and Recognition,” and
PD-76, “Employment and Reemployment of Members of the Uniformed Services.” An
employee who fails to comply with the procedures within this directive, unless it is not
practicable under the particular circumstances to do so despite the employee’s diligent, good faith
efforts, may be subject to disciplinary action in accordance with PD-22, “General Rules of
Conduct and Disciplinary Action Guidelines for Employees,” or administrative separation in
accordance with PD-24, “Administrative Separation.”
PROCEDURES:
PART A: ACCRUED LEAVES
I. Vacation, Holiday, Compensatory, and Overtime Leave
A. Leave Accruals and Availability
1. Vacation Leave
PD-49 (rev. 12)
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a. Accrual Rates and Maximum Carryovers
(1) A full-time employee accrues vacation leave at a rate based
on the months of state service in accordance with the
following Schedule of Vacation Accruals and Maximum
Carryovers. The maximum carryover is the number of
vacation hours that an employee may carry forward from
one fiscal year to the next.
A part-time employee accrues vacation leave on a
proportionate basis for the time worked, and the maximum
carryover is also proportionate. For example, a part-time
employee who works at least 20 hours per week earns and
may carry over vacation leave at one-half the rate
authorized for a full-time employee with the same number
of state service months.
SCHEDULE OF VACATION ACCRUALS AND MAXIMUM CARRYOVERS
MONTHS OF STATE
SERVICE(1)
VACATION
ACCRUAL RATE
MAXIMUM HOURS TO CARRY
FORWARD FROM ONE FISCAL
YEAR TO NEXT FISCAL YEAR
1 - 23 months
(0 - less than 2 years) 8 hours 180 hours
24 - 59 months
(2 - less than 5 years) 9 hours 244 hours
60 - 119 months
(5 - less than 10 years) 10 hours 268 hours
120 - 179 months
(10 - less than 15 years) 11 hours 292 hours
180 - 239 months
(15 - less than 20 years) 13 hours 340 hours
240 - 299 months
(20 - less than 25 years) 15 hours 388 hours
300 - 359 months
(25 - less than 30 years) 17 hours 436 hours
360 - 419 months
(30 - less than 35 years) 19 hours 484 hours
420 + months
(35 years or more) 21 hours 532 hours
(1) For purposes of computing vacation accrual rates for a working retiree who retired from state employment
on or after June 1, 2005, months of state service include only the months of state service accrued after
retirement.
PD-49 (rev. 12)
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(2) An employee accrues vacation leave at the applicable rate
beginning on the first day of state employment and ending
on the employee’s last physical day at work. An employee
accrues the applicable rate for each month or fraction of a
month of employment. Vacation hours are accrued on the
first day of employment and on the first calendar day of
each succeeding month of state employment.
(3) An employee who begins employment on the first workday
of a month is considered to have begun working on the first
calendar day of the month for the purpose of increases in
vacation leave accrual rates. An employee who begins
employment on a date other than the first calendar day or
workday of a month shall begin to accrue vacation leave at
the higher rate on the first calendar day of the month
following the employee’s anniversary date.
(4) All hours in excess of the maximum allowable vacation
leave carryover left at the end of a fiscal year shall be
credited to an employee’s sick leave balance. Under no
circumstances shall a “second” or “under the table” set of
books or records be maintained to allow an employee to
take vacation leave at a later date.
b. Six-Month Service Requirement for Use of Vacation Leave
(1) An employee shall not take vacation leave until the
employee has six months of continuous uninterrupted
employment with the state even though vacation leave
accrues during the six-month period. If an employee is on
LWOP for a complete calendar month, the LWOP period
shall not count toward fulfilling the six-month requirement
but shall not cause the period of continuous state
employment to start over.
(2) An employee shall only be required to satisfy the six
months of continuous employment once. For example, an
individual was employed by the state from 2002 through
2007 and fulfilled the six-month requirement. The
employee separated employment and became reemployed
January 1, 2009. At the time of reemployment, the
employee has previously fulfilled the requirement for six
months of continuous employment and is immediately
eligible to use vacation time as approved by the supervisor.
PD-49 (rev. 12)
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(3) An employee who has completed six months of continuous
state employment with another agency or institution may
apply for and be granted vacation leave immediately upon
employment with the TDCJ.
c. Vacation Leave Accrued While on Paid Leave
If an employee is on paid leave on the first workday of a calendar
month, any vacation leave accrual for that month will not be
available for use until the employee returns to work.
d. Impact of Leave Without Pay
If an employee is on LWOP for a full calendar month, vacation
leave for that month will not accrue.
e. Impact of Exhausting Accrued Leave Prior to Separation
A separating employee who remains on the payroll to exhaust
overtime, holiday, or compensatory leave shall not accrue vacation
leave when such leave carries over into a subsequent month.
An employee who separates from employment at the end of a fiscal
year should be aware of the consequences of remaining on the
payroll into the next fiscal year, in regard to maximum vacation
carryover rates.
2. Holiday Leave
a. Schedule of Holidays
The national, state, and optional holidays that state employees may
observe are set forth during each legislative session. The Texas
State Agencies’ Fiscal Year Holiday Schedule is available on the
TDCJ website at www.tdcj.texas.gov under “Links of Interest” on
the Human Resources Division webpage. Offices shall not be
closed on another day when designated holidays fall on Saturday or
Sunday. On the state holidays identified on the Texas State
Agencies’ Fiscal Year Holiday Schedule as requiring a skeleton
crew, there shall be sufficient personnel on duty to carry on
activities for each unit and department.
b. Entitlement to Holiday Pay or Leave
(1) An employee is entitled to be paid or accrue leave for a
holiday if:
PD-49 (rev. 12)
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(a) The employee is an active state employee on the
workday immediately after a holiday occurring on
the first workday of a month.
(b) The employee is an active state employee on the
workdays immediately before and after a holiday
occurring mid-month.
(c) The employee is an active state employee on the
workday immediately before a holiday occurring on
the last workday of the month.
(2) An employee shall not accrue holiday leave for a holiday
occurring on scheduled day(s) off unless:
(a) The employee works on the holiday.
(b) The employee works a schedule other than Monday
through Friday and the accrual of holiday time
ensures the employee is credited with the equivalent
number of holidays each year as employees working
Monday through Friday.
(c) A full-time employee accrues holiday leave in
proportion to the number of regularly scheduled
hours in a workday.
A part-time employee accrues missed holiday leave
in proportion to the number of regularly scheduled
hours in a work cycle. For example, a part-time
employee regularly scheduled to work 20 hours in a
work cycle shall accrue four hours of holiday leave
for each holiday missed.
c. Lapsing of Holiday Leave
Holiday leave expires if it is not taken within one year from the end
of the work cycle in which the time was accrued. An employee
shall not be paid for unused holiday leave to avoid its expiration.
3. Compensatory Leave
An employee who works compensatory time shall be credited
compensatory leave hour for hour worked. An employee shall not be paid
for unused compensatory leave to avoid its expiration.
PD-49 (rev. 12)
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a. Compensatory leave earned by employees in a non-correctional
career position shall be taken within one year from the end of the
work cycle in which the time was accrued or it will expire.
b. Compensatory leave earned by employees in a correctional career
position shall be taken within two years from the end of the work
cycle in which the time was accrued or it will expire.
4. Overtime Leave
Accrual of overtime is governed by the Fair Labor Standards Act (FLSA)
in accordance with PD-91, “Work Cycles and Compensable Hours of
Work.” Overtime leave shall be credited to TDCJ FLSA non-exempt
employees at the rate of one and one-half times the number of overtime
hours physically worked.
B. Use of Accrued Leave
1. General Provisions
a. An employee is entitled to a vacation with full pay in each fiscal
year, subject to available leave balances.
b. An employee shall not be allowed to take leave not already
accrued.
c. The TDCJ shall notify all employees of the state’s policy regarding
the use of holiday leave and compensatory leave at least annually.
The TDCJ provides this notification on the monthly TDCJ
Employee Time Report.
d. The compensatory leave expiration date is tracked according to the
position held by the employee when the time is accrued and is used
according to the closest upcoming expiration date. An employee in
a non-correctional career position has one year from the end of the
work cycle in which the time was accrued to use compensatory
leave, while an employee in a correctional career position has two
years from the end of the work cycle in which the time was accrued
to use compensatory time.
PD-49 (rev. 12)
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2. Employee Responsibilities
a. Management of Time Balances
An employee is responsible for managing the employee’s time
balances. An employee’s failure to effectively manage holiday or
compensatory leave balances may result in the lapsing of such
leave.
b. Sufficient Notice
When requesting time off, the employee shall provide the
employee’s supervisor with sufficient notice to allow for the
supervisor to review staffing and operational requirements and
make informed decisions based on these requirements.
c. Request to Observe Optional Holidays
An employee is entitled to observe the optional holidays of Rosh
Hashanah, Yom Kippur, Good Friday, and Cesar Chavez Day in
lieu of any state holiday(s) the TDCJ is required to maintain a
skeleton crew. An employee who elects to observe one of these
optional holidays shall complete a PERS 500, In Lieu of Holiday
Request, which is available on the TDCJ website at
www.tdcj.texas.gov under “Links of Interest” on the Human
Resources Division webpage and submit the request to the
employee’s supervisor.
d. Request for Use of Three Days or Less
To request the use of three days or less of accrued vacation,
holiday, compensatory, or overtime leave, the employee shall
submit the request in accordance with procedures established by
the warden or department head.
e. Request for Use of More than Three Days
To request the use of more than three days of accrued leave, the
employee shall submit a PERS 24, Leave Request (Attachment A),
to the employee’s supervisor. The employee may obtain a PERS
24 from the human resources representative.
PD-49 (rev. 12)
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f. Reason for Use
An employee is not required to specify the reason(s) for requesting
use of accrued vacation, compensatory, holiday, or overtime leave,
unless:
(1) The employee is requesting vacation leave due to an event
covered by FML in accordance with PD-46, “Medical and
Parental Leave;” or
(2) The employee is requesting the leave be granted in
accordance with PD-57, “Employee Appearances in
Judicial or Legislative Proceedings or for Jury Service.”
3. Supervisor Responsibilities
a. Approval or Denial Process
Supervisors shall approve or deny a leave request in a timely
manner. Upon receipt of a leave request, an employee’s supervisor
shall review staffing requirements on the day(s) covered by the
leave request to ensure all functions can be performed if the leave
is granted. The supervisor may coordinate with the human
resources representative to review the employee’s leave balance
prior to approving the leave request.
(1) Approvals
If staffing requirements are met and sufficient leave
balances are available, the supervisor may approve the
leave request. However, wardens or department heads may
cancel previously approved leaves in emergency situations.
Approval for a request to use holiday leave or
compensatory leave shall be in writing.
(2) Denials
If staffing requirements are not met or sufficient leave
balances are not available, the supervisor shall deny the
leave request and state the reason(s) for the denial on the
leave request.
If the leave request is for permission to use accrued holiday
leave or compensatory leave not later than the 90th calendar
day before the date on which the accrued leave expires, the
employee’s supervisor shall provide the employee with an
PD-49 (rev. 12)
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alternate date prior to the date the accrued holiday leave or
compensatory leave expires.
Supervisors shall accommodate, to the extent practicable,
an employee’s request to use accrued holiday or
compensatory leave, even if the request is within 90
calendar days of the date such leave expires.
b. Maintaining Documentation
An employee’s supervisor shall forward all original leave requests
to the human resources representative and forward one copy to the
employee. All supervisors shall maintain records of the approved
and denied leaves to ensure staffing schedules are updated.
4. Human Resources Representative Responsibilities
Human resources representatives are responsible for reviewing the leave
request and verifying the leave balances are sufficient to cover the
requested leave period for each employee.
II. Leave Balances upon Separation from Employment
A. Transfer to Another State Agency or Institution
Procedures regarding the transfer of accrued sick leave from one state agency or
institution to another are contained in PD-46, “Medical and Parental Leave.”
1. Vacation Leave Accruals
A state employee who transfers directly from one state agency or
institution to another without interruption of state employment is entitled
to have the unused balance of accrued vacation leave transferred to the
other state agency or institution.
2. Holiday and Compensatory Leave Accruals
a. The employee’s holiday and compensatory accruals shall not be
transferred unless the employee transfers as a result of one of the
following:
(1) The legislature transfers legal authority or duties from one
state agency to another state agency; or
PD-49 (rev. 12)
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(2) The State Council on Competitive Government accepts a
bid for a commercially available service that a state agency
previously provided.
b. In the event a state or national holiday falls between the dates that
an employee separates from one state agency or institution and
begins employment in another state agency or institution without a
break in service, the agency or institution to which the employee
transfers is responsible for paying the employee for the holiday.
The receiving agency or institution is responsible for paying the
employee for the holiday regardless of whether the agency or
institution recognizes the holiday.
B. Payment for Unused Accrued Leave
1. Vacation Leave
a. An employee who has accrued six months of continuous state
employment and separates from state employment is entitled to a
lump sum payment for accrued and unused vacation time if within
30 calendar days from the date of separation the employee is not
reemployed by the state in a position under which the employee
accrues vacation leave. A lump sum payment for accrued and
unused vacation time shall not be made until an employee has been
separated from employment for at least 30 calendar days. An
employee receiving a lump sum payment is not entitled to receive
longevity pay or hazardous duty pay for the accrued vacation time
period.
b. An employee may defer all or part of the lump sum payment of
unused vacation into a Texa$aver 401(k) or 457 Plan up to the
applicable maximum annual deferral limit. If the employee does
not have a Texa$aver Plan account, one may be opened prior to
separation from service and defer the lump sum payment. The
employee shall inform the human resources representative on or
before the employee’s separation date of their intention to defer all
or part of the lump sum payment. If applicable, the human
resources representative shall assist the employee with completion
of the PERS 571, Lump Sum Deferral Enrollment Form Texa$aver
401(k) and 457 Plans (Attachment B).
2. Holiday and Compensatory Leave
An employee shall not receive a lump sum payment for accrued and
unused holiday or compensatory leave.
PD-49 (rev. 12)
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3. Overtime Leave
An employee shall be paid for any overtime balance remaining upon
separation from employment.
C. Exhausting Leave Accruals
1. Reduction-in-Force Employees
a. A RIF employee shall not be permitted to remain on TDCJ’s
payroll after the RIF separation effective date to exhaust the
employee’s accrued vacation leave.
b. A RIF employee shall exhaust accrued holiday and compensatory
leave balances prior to the RIF separation date. If a RIF employee
does not exhaust holiday and compensatory leave prior to the RIF
separation date, the employee will lose the holiday and
compensatory leave.
2. Non-Reduction-in-Force Employees
A non-RIF employee shall be allowed to remain on payroll to exhaust
accrued holiday or compensatory leave balances. At the warden’s or
department head’s discretion and approval, such an employee may also be
allowed to remain on payroll to exhaust accrued vacation leave balances.
An employee who remains on the payroll while exhausting accrued leave
is entitled to the same compensation and benefits the employee was
receiving on the last physical day of duty, including paid holidays, benefit
replacement pay, and applicable longevity and hazardous duty pay.
However, the employee shall not continue accruing additional vacation or
sick leave.
D. Retirement Credit and Impact on Retirement
1. An employee may convert accrued vacation leave to retirement credit in
accordance with PD-44, “Retirement Benefits.”
2. An employee retiring from state employment should ensure that all holiday
leave and compensatory leave accruals are exhausted prior to the date of
retirement. Failure to do so will result in the cancellation of the
employee’s retirement application unless the employee notifies the human
resources representative in writing of a desire to forfeit all excess holiday
and compensatory leave.
PD-49 (rev. 12)
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E. Restoration of Vacation Leave Accruals upon Reemployment
A separated state employee who is reemployed by any state agency within 30
calendar days in a position accruing vacation leave is entitled to reinstatement of
the unused balance of any previously accrued vacation leave.
III. Payment to Estate upon Employee’s Death
In the event of the death of an employee who had accrued a six-month period of
continuous state employment, the state shall pay the employee’s estate for the entirety of
the employee’s accrued vacation leave. The payments shall be calculated at the
employee’s salary rate at the time of death, which shall not include longevity pay,
hazardous duty pay, or benefit replacement pay.
For procedures regarding payment of accrued sick leave to an employee’s estate, see PD-
46, “Medical and Parental Leave.”
PART B: ADMINISTRATIVE LEAVE
I. General Provisions
A. Administrative leave is paid leave granted to an employee for specific
circumstances in accordance with this directive.
B. Administrative leave hours granted shall be based on the hours in an employee’s
shift, for example, an employee who works an eight-hour shift shall be granted
eight hours per day of administrative leave and an employee who works a 10-hour
shift shall be granted 10 hours per day. Depending on the type of administrative
leave, a part-time employee shall be granted administrative leave in proportion to
the employee’s number of regularly scheduled hours in a work cycle. However,
other types of administrative leave are granted as workdays rather than hours. For
example, an employee may be granted 15 workdays of military administrative
leave, regardless of the number of hours the employee is regularly scheduled to
work.
C. If an eligible employee needs or desires additional time off beyond the limits
specified for the applicable administrative leave category, the employee may
request to use accrued leave in addition to and in combination with administrative
leave.
D. If an employee’s request for administrative leave is denied, the employee may
request the desired time off be charged against accrued leave or LWOP in
accordance with this directive.
PD-49 (rev. 12)
Page 15 of 33
E. If an employee is on administrative leave extending into a subsequent month, any
vacation or sick leave accrual for each subsequent month on paid leave shall not
be available for use until the employee returns to work.
Procedures related to administrative leave for outstanding performance are contained in
PD-53, “Employee Awards and Recognition.”
II. Administrative Leave for Adverse Weather Conditions
A. Mandatory Evacuations
An employee designated as a non-essential employee shall be granted
administrative leave for the duration of any official mandatory evacuation
activities due to adverse weather conditions. The employee shall be required to
submit official written verification supporting such leave, including the dates
involved, upon return to work.
B. Officially Closed Offices
The executive director or designee shall determine whether to officially close an
office due to adverse weather conditions.
1. Employee Notification
When the executive director or designee officially closes an office due to
adverse weather conditions prior to the start of a shift, supervisors or
designees shall attempt to notify employees who are scheduled to report to
work. If the supervisor’s attempt to notify is unsuccessful or if the
supervisor fails to notify an FLSA non-exempt employee, and the
employee reports to work, the employee may remain at work only if the
employee’s supervisor or a supervisor in the employee’s chain of
command approves and appropriate supervision is available during the
employee’s work hours. If a supervisor in the employee’s chain of
command is not available to approve the employee to work, or if
appropriate supervision is not available during the employee’s work hours,
the employee shall not be allowed to work.
2. Time Reporting
When the executive director or designee officially closes an office due to
adverse weather conditions, time shall be reported as follows:
a. Administrative leave shall be granted for scheduled work hours
missed during the closing if the total number of hours physically
worked and taken as other leave, such as sick leave, by the
employee in the applicable work cycle are less than the maximum
PD-49 (rev. 12)
Page 16 of 33
number of hours allowed to be reported as “Regular Time Worked”
in accordance with PD-91, “Work Cycles and Compensable Hours
of Work.” Administrative leave shall not be granted for the
purpose of allowing an employee to accrue compensatory time or
overtime.
An employee shall not be required to submit a PERS 24 for hours
missed while the office was officially closed.
b. If an employee worked regularly scheduled work hours while an
office was officially closed, those hours shall be reported as regular
hours worked. The employee shall not receive compensatory time
or overtime for the regularly scheduled hours worked while the
office was officially closed.
c. An employee who was not scheduled to work during the hours an
office was officially closed shall not receive administrative leave
for the hours the office was closed.
C. Officially Closed Roadways
An employee who is unable to travel to work may be granted administrative leave
for regularly scheduled work hours missed when an office is not officially closed,
if:
1. One of the following geographical areas has widespread officially closed
major roadways due to adverse weather conditions:
a. The area that includes the employee’s home address identified on
the TDCJ Payroll/Personnel System (PPS); or
b. The geographical area that includes the employee’s work location.
2. No practical alternate routes from the employee’s home address to the
employee’s work location are available.
Unless an office is officially closed, an employee who leaves work early shall not
be granted administrative leave for the remaining hours in the workday.
D. Requesting Administrative Leave for Officially Closed Roadways
An employee requesting administrative leave due to officially closed roadways
shall submit a PERS 24, along with written documentation to the employee’s
supervisor within five workdays after returning to work. The written
documentation shall include:
PD-49 (rev. 12)
Page 17 of 33
1. Official written verification documenting the dates of specific official road
closures due to weather conditions, such as documentation from a local
radio station website, the TxDOT website, or a written confirmation from
a county commissioner; and
2. A written statement identifying the hours absent from work and briefly
explaining the circumstances.
E. Approval or Denial Process
1. The supervisor shall submit the PERS 24 to the warden or department
head for review. If the PERS 24 is approved, the warden or department
head shall coordinate with the division director within 15 calendar days for
concurrence or non-concurrence. If the division director concurs, a DM
shall be forwarded through the human resources director and the deputy
executive director to the executive director for approval.
2. The employee shall be required to use accrued leave or LWOP pending
final approval of the DM.
a. If the DM is approved by the executive director, a manual time
adjustment shall be made to record the time off as administrative
leave.
b. If the DM is denied by the executive director, the DM shall be
returned to the originating division director. The employee shall be
required to use accrued leave or LWOP for the regularly scheduled
work hours missed.
c. The human resources representative shall ensure the employee is
notified upon approval or denial of the DM.
III. Administrative Leave for Death in Immediate Family
An employee shall be granted three workdays of administrative leave when a death occurs
in the employee’s immediate family, unless the employee is in an LWOP status.
Immediate family for this purpose includes an employee’s spouse and an employee’s or
spouse’s children, parents, brothers, sisters, grandparents, and grandchildren. The
employee shall not be required to use the leave on consecutive workdays. Days identified
for such use shall be approved by the warden or department head.
A. If the employee elects to take three workdays of leave upon or soon after the
death, the warden or department head or designee may verbally grant provisional
leave for such purpose. Upon return to work, the employee shall submit a PERS
24 with support documentation, such as an obituary or a funeral notice, to the
human resources representative for approval by the warden or department head.
PD-49 (rev. 12)
Page 18 of 33
B. If the employee elects to take leave at a later date, within one year, instead of upon
or soon after the death, the employee shall provide support documentation and a
PERS 24 at that time.
IV. Administrative Leave for Jury Duty
The procedures in this section relate to administrative leave for the performance of jury
duty. PD-57, “Employee Appearances in Judicial or Legislative Proceedings or for Jury
Service,” should be referred to whenever an employee requests leave to appear in judicial,
legislative, or administrative proceedings as a witness or in any related function other
than jury duty.
A. General Provisions
1. An employee shall be granted administrative leave for the time required to
be screened as a potential juror and for the time required to perform jury
duty.
2. An employee shall receive administrative leave only for scheduled work
hours.
3. If the employee receives notice prior to the court date that the jury
screening or jury duty has been cancelled, the employee shall report to
work at the regularly scheduled time and shall not use administrative
leave, including administrative leave approved prior to the court date.
B. Documentation
1. Upon receipt of a summons to report for jury screening, the employee shall
provide a copy of the summons to the employee’s supervisor and human
resources representative. The employee shall provide the human resources
representative with a completed PERS 24 upon return to work.
2. The human resources representative shall advise the employee to request
the court to provide documentation to indicate:
a. The date and time the employee is dismissed from jury screening; or
b. If the employee is selected for jury duty and then dismissed on the
same date as the jury screening, the date and time the employee
was dismissed from jury duty; or
c. If the employee is selected for jury duty and the duty extends
beyond the date of jury screening, the date(s) and time(s) the
employee is required to report for jury duty and the date and time
the employee was dismissed from jury duty.
PD-49 (rev. 12)
Page 19 of 33
C. Amount of Administrative Leave
The amount of administrative leave to be granted shall be in accordance with the
following guidelines, which ensures that administrative leave is in proportion to
the amount of time required for the employee to remain at the court location.
1. Day-Shift Employees
For the purpose of jury screening or jury duty, an employee shall be
considered to be a day-shift employee if the workday begins at or after
5:00 a.m. and ends at or before 7:00 p.m.
A day-shift employee shall be granted administrative leave for the hours
the employee actually uses to report for jury screening or jury duty. Such
hours include travel time from the employee’s unit of assignment to the
court location and the return trip that occurs during regularly scheduled
work hours.
If the employee is dismissed from jury screening or jury duty after
reporting to court and the dismissal occurs prior to the end of the
employee’s regularly scheduled workday, the employee shall:
a. Report to duty as soon as travel time allows; or
b. Receive approval from the employee’s supervisor to use accrued
leave, other than sick leave, for the remaining balance of the
regularly scheduled workday.
2. Night-Shift Employees
For the purpose of jury duty, a night-shift employee is any shift employee
who is not a day-shift employee in accordance with Section IV.C.1. A
night-shift employee shall not work and shall be granted administrative
leave during either of the following eight-hour periods:
a. The eight-hour period immediately before the court report time; or
b. The eight-hour period immediately after the court dismissal time.
This helps ensure a night shift employee is alert when reporting for jury
screening or jury duty and when returning to work.
PD-49 (rev. 12)
Page 20 of 33
V. Medical and Mental Health Care Leave for Veterans
An employee who is a veteran may be granted up to 15 workdays each fiscal year to
obtain medical or mental health care under a program administered by the Veterans
Health Administration of the United States Department of Veterans Affairs, to include
physical rehabilitation.
A. Employee Responsibility
In order to receive administrative leave for medical and mental health care, an
eligible employee shall complete the PERS 638, Veterans Health Administration
Leave (Attachment C), and PERS 24, TDCJ Leave Request, and submit to the
employee’s supervisor, along with documentation of the appointment.
B. Human Resources Representative Responsibility
The human resources representative shall confirm the employee’s veteran status
and forward the PERS 638, PERS 24, and documentation of the appointment to
the warden or department head for signature.
C. Approval Process
The warden or department head shall forward the signed PERS 638 to the human
resources director for review and approval.
The human resources director shall return the signed PERS 638 to the employee’s
human resources representative, who shall provide a copy to the employee and file
the original in the employee’s unit or department medical file.
VI. Other Categories of Administrative Leave
A. Wardens and department heads are the designated authorizing officials for
administrative leave for the following categories; however, the executive director
may grant additional days or administrative leave for purposes not listed herein
when the best interest of the employee and TDCJ would be served.
1. Voting - Elections
An employee shall be granted sufficient administrative leave to vote in
each national, state, or local election without any deduction in salary or
leave time when the employee’s work schedule would disallow voting
during off time.
If early voting or extended polling hours on Election Day offer an
employee sufficient time to vote, the employee is not eligible for
administrative leave.
PD-49 (rev. 12)
Page 21 of 33
2. Volunteer Firefighters or Emergency Medical Services (EMS) Volunteers
a. An employee who is a volunteer firefighter or EMS volunteer shall
be granted administrative leave for up to five workdays each fiscal
year to attend firefighter or emergency services training conducted
by a state agency or institution of higher education. These five
workdays do not need to be consecutive.
b. An employee who is a volunteer firefighter or EMS volunteer may
be granted administrative leave to respond to emergency fire or
emergency medical situations. Such leave shall be at the discretion
of the warden or department head and shall be dependent upon the
availability of adequate staffing.
An employee who responds to an emergency fire or emergency
medical situation shall request the fire chief or EMS director to
provide documentation to indicate the date and time the employee
responded to the emergency fire or emergency medical situation.
c. A volunteer firefighter or EMS volunteer shall submit dated
documentation on an annual basis to the employee’s human
resources representative verifying the employee’s certification as a
volunteer. Such documentation shall be placed in the unit or
department employee human resources file.
3. Employees Requiring a Service Animal
A state employee requiring a service animal, with supporting
documentation, shall be granted up to 10 workdays with pay each fiscal
year for the purpose of attending a training program to become acquainted
with the service animal to be used by the employee. These workdays need
not be consecutive.
4. Foster Parents
A state employee who is a foster parent to a child under the
conservatorship of the Texas Department of Family and Protective
Services, with supporting documentation, is entitled to administrative
leave for the purpose of attending the following meetings regarding the
child.
a. Meetings held by the Department of Family and Protective
Services; and
b. Admission, Review, and Dismissal meetings held by a school
district.
PD-49 (rev. 12)
Page 22 of 33
5. American Red Cross Certified Disaster Service Volunteers
The Division of Emergency Management in the governor’s office
maintains a list of state employees who are American Red Cross certified
disaster service volunteers. With supporting documentation, a TDCJ
employee on the list may be granted administrative leave not to exceed 10
workdays each fiscal year to participate in specialized disaster relief
services for the American Red Cross if the leave is taken:
a. Upon the request of the American Red Cross; and
b. With the authorization of the employee’s warden or department
head.
6. Employees Donating Blood
An employee shall be granted sufficient administrative leave to donate
blood up to four times in a fiscal year. Approval shall be obtained from
the employee’s supervisor before taking the time off. Upon returning to
work, the employee shall provide the employee’s supervisor proof the
employee donated blood during the time off.
7. Bone Marrow or Organ Donors
a. An employee who is serving as a bone marrow donor, with
supporting documentation, shall be granted administrative leave up
to five workdays in a fiscal year for this purpose.
b. An employee who is serving as an organ donor, with supporting
documentation, shall be granted administrative leave up to 30
workdays in a fiscal year for this purpose.
8. Certain Amateur Radio Operators
The Division of Emergency Management in the governor’s office
maintains a list of state employees who hold an amateur radio station
license issued by the Federal Communications Commission. A TDCJ
employee on the list may be granted administrative leave not to exceed 10
workdays each fiscal year to participate in specialized disaster relief
services, if the leave is taken with the authorization of the employee’s
warden or department head and the approval of the governor.
9. Certain Members of Urban Search and Rescue Teams
Employees who are members of a state or federally authorized urban
search and rescue team, with supporting documentation, shall be entitled
PD-49 (rev. 12)
Page 23 of 33
to administrative leave up to 15 workdays per federal fiscal year (October
1 – September 30) for the purpose of engaging in authorized training or
duty ordered or authorized by proper authority.
Administrative leave for an employee who is also a member of the state
military forces, National Guard, or a member of reserve components of the
armed forces shall be counted against the 15 workdays allowed per federal
fiscal year for authorized military training or active duty.
10. Certified peace officers in the Office of Inspector General, with supporting
documentation, may receive up to one year of administrative leave for an
injury sustained in the line of duty, unless:
a. The officer’s own gross negligence contributed to the injury; or
b. The injury was related to the performance of routine office duties.
11. Training for Reserve Law Enforcement Officers
A state employee who is a reserve law enforcement officer shall be granted
up to five workdays every two years to complete continuing education
program hours required to remain licensed as a peace officer. A reserve
sheriff’s deputy, reserve deputy constable, or a member of the police
reserve force shall provide dated documentation on an annual basis
verifying their active reserve status. Such documentation shall be placed
in the unit or department employee human resources file.
B. Procedures for Use
1. An employee shall submit a request for administrative leave, regardless of
the number of days being requested, to the employee’s supervisor using a
PERS 24. If the employee indicates on the PERS 24 that the category of
administrative leave is “Other,” the employee shall write the purpose of
requesting the leave on the PERS 24; for example, the donation of blood,
bone marrow donor, or organ donor.
Support documentation, such as medical documentation of blood, bone
marrow, or organ donation, shall be attached to the PERS 24 at the time it
is submitted. If documentation is unavailable in advance, it shall be
attached to the PERS 24 upon return to work. The TDCJ shall deduct the
time off from the employee’s salary or accrued leave, whichever the
employee chooses, if the employee fails to provide such proof. An
employee shall submit a PERS 24 in sufficient time for the review and
approval process.
PD-49 (rev. 12)
Page 24 of 33
2. Supervisors shall review staffing requirements for the period covered by
the PERS 24 and attach their comments to the PERS 24 for review by the
warden, department head, or designee.
3. The warden or department head shall review administrative leave requests
on a case-by-case basis, approve or deny the request, and return the
employee’s copy of the PERS 24 in sufficient time for the employee to
make plans accordingly. The original PERS 24 with required
documentation shall be placed in the unit or department employee human
resources file.
C. Administrative Leave for Court Appointed Special Advocates (CASA)
A state employee who is a court appointed special advocate may be granted
administrative leave not to exceed five hours each month to participate in
mandatory training or perform volunteer services.
1. The employee shall initially submit support documentation from the
CASA executive director representing the county in which the employee is
volunteering to the employee’s supervisor.
2. The employee’s warden or department head shall confirm and approve.
3. The employee shall request subsequent CASA administrative leave from
the employee’s warden or department head by submitting a PERS 24 with
support documentation pertaining to the requested leave, such as a court
order, activity report, time, and mileage log.
PART C: LEAVES WITHOUT PAY (LWOP)
I. General Provisions
A. Guarantee of Employment
The granting of LWOP constitutes a guarantee of employment for the length of
the approved LWOP period, subject to fiscal restraints, such as a RIF, or
disciplinary action.
B. Maximum Leave Without Pay Calendar Days
1. The maximum number of LWOP calendar days an employee may take for
any combination of LWOP entitlements and approved leave is 180 days
within a rolling 12-month period, unless the employee is eligible for state
parental leave or FML when the 180-day limit is exhausted. In such an
instance, the employee shall be allowed to continue taking LWOP-State
Parental or LWOP-FML until the employee exhausts the applicable
PD-49 (rev. 12)
Page 25 of 33
entitlement for such leave. The maximum period allowed for each
category of LWOP is:
a. LWOP-FML: 12 workweeks or 26 workweeks (See PD-46,
“Medical and Parental Leave”).
b. LWOP-Medical: 180 calendar days (See PD-46, “Medical and
Parental Leave”).
c. LWOP-State Parental: 12 workweeks (See PD-46, “Medical and
Parental Leave”).
d. LWOP-Other: 30 calendar days (See Part C, Section IV of this
directive).
e. LWOP-CH: 180 calendar days (See PD-27, “Employment Status
Pending Resolution of Criminal Charges or Protective Orders”).
2. If an employee reports for duty for any reportable portion of the shift,
which is a minimum of eight minutes, that calendar day shall not count as
an LWOP calendar day.
3. A full shift of LWOP shall count as one LWOP calendar day, regardless of
the number of hours in the shift. All schedule cards and shift schedules
shall be considered the same in calculation of an LWOP calendar day.
4. The number of LWOP days taken by an employee shall include regularly
scheduled calendar days off occurring between the first LWOP calendar
day and the calendar day the employee is released to return to work or
exhausts the 180-day maximum.
5. Disciplinary suspension and LWOP-Military do not count toward the 180-
day maximum of LWOP-FML, LWOP-Medical, LWOP-State Parental,
LWOP-CH, and LWOP-Other.
6. The PPS LWOP History (LWOP2) Screen identifies:
a. The total combined LWOP-FML, LWOP-Medical, LWOP-State
Parental, LWOP-CH, and LWOP-Other calendar days used by an
employee in the last 12 months, which is the “LWOP Days Used
(Last 12 Months)” field on the LWOP2 Screen; and
b. An employee’s available number of LWOP-FML, LWOP-Medical,
LWOP-State Parental, LWOP-CH, or LWOP-Other calendar days,
which is the “LWOP Days Remaining (180 Days)” field on the
LWOP2 Screen.
PD-49 (rev. 12)
Page 26 of 33
7. Once an employee begins any period of LWOP that counts against the
180-day limit, the employee may only take the number of LWOP calendar
days available at the beginning of the LWOP period. Due to the number
of available LWOP calendar days being based on a rolling 12-month
period, the employee shall be required to return to work before taking
these additional days of LWOP.
8. Having available LWOP calendar days does not guarantee approval of an
employee’s request to take LWOP. Approval to take LWOP shall be in
accordance with the procedures in this directive or in accordance with
PD-46, “Medical and Parental Leave,” or PD-27, “Employment Status
Pending Resolution of Criminal Charges or Protective Orders.”
C. Effect of LWOP on State Service Calculations and Leave Accrual
The following provisions do not apply to an employee on LWOP-Military.
1. A full calendar month, inclusive of the first day through the last day of the
same month, during which an employee is on LWOP shall not constitute a
break in the continuity of state employment. However, a full calendar
month of LWOP shall not be counted in the state service calculations for
purposes of:
a. Longevity pay, hazardous duty pay, or vacation leave accrual rates;
or
b. Any continuous service requirements for use of vacation leave,
career ladder salary adjustments, or merit salary increases.
2. An employee who is on LWOP for a full calendar month shall not accrue
vacation or sick leave for that month.
D. Continuation of Insurance Coverage While on Leave Without Pay
The following provisions apply to all employees on LWOP, except employees on
LWOP-FML.
1. The Employee Services Section, Human Resources Division, enters the
names of all employees who are on such LWOP into the ERS online
system each month. The ERS then sends a notification to the personal
address regarding any payment required to continue insurance coverage.
2. An employee who takes such LWOP for a full calendar month is required
to pay the full cost of the coverage in order to continue the employee’s
current insurance coverage.
PD-49 (rev. 12)
Page 27 of 33
a. The employee shall have 30 calendar days from the employee’s
first such LWOP calendar day to make eligible changes to the
employee’s insurance coverage.
b. If the employee’s spouse is a participant in a Texas Employees
Group Benefits Program, for example an employee of the TDCJ,
another state agency, or institution of higher education, the
employee and the employee’s covered dependent(s) may be eligible
to be placed on the spouse’s insurance policy. An employee who is
interested in this option should contact the employee’s human
resources representative for assistance in the transfer of coverage.
c. If the employee fails to pay the full cost of the insurance coverage
for each full calendar month of LWOP, the insurance coverage
shall be cancelled.
3. Before or on the date the employee returns to work from such LWOP, the
employee shall contact the employee’s human resources representative to
initiate reinstatement of any insurance coverage that was reduced or
cancelled due to non-payment while taking such LWOP.
E. State-Issued Items or Equipment
All state issued items, such as ID card, keys to TDCJ premises, cellular phones,
equipment, uniforms, or parking permits shall be turned in to the employee’s
human resources representative within five workdays of the first LWOP calendar
day.
II. Use of LWOP-State Parental, LWOP-Family Medical Leave, and LWOP-Medical
The procedures regarding use of these categories of LWOP are contained in PD-46,
“Medical and Parental Leave.”
III. LWOP-Military
The procedures regarding use of LWOP-Military are contained in PD-76, “Employment
and Reemployment of Members of the Uniformed Services.”
IV. LWOP-Criminal History
The procedures regarding use of LWOP-CH are contained in PD-27, “Employment Status
Pending Resolution of Criminal Charges or Protective Orders.”
PD-49 (rev. 12)
Page 28 of 33
V. LWOP-Other
A. General Provisions:
1. LWOP-Other is limited to 30 calendar days within a rolling 12-month
period, which may be granted for education purposes, training seminars, or
personal reasons.
2. The TDCJ may require an employee to be placed in an LWOP-Other status
as part of the administrative separation process.
3. An employee shall have exhausted all accrued paid leave entitlements
except sick leave before LWOP-Other is granted unless the placement in
LWOP-Other is required by TDCJ.
B. Procedures for Use of LWOP-Other Requested by the Employee
1. An employee shall complete a PERS 24 for the entire period of LWOP-
Other. The employee shall provide the completed PERS 24 to the
employee’s supervisor along with a written statement detailing the specific
reason for the request, why approval of the request would benefit the
TDCJ and the intent to return to work following expiration of LWOP-
Other.
2. Upon receipt of a PERS 24 for LWOP-Other, the employee’s supervisor
shall submit the PERS 24 and support documentation to the human
resources representative.
3. The human resources representative shall review the current printed
LWOP2 screen and determine the maximum number of calendar days of
LWOP-Other that may be approved without exceeding the 180-day limit.
The human resources representative shall indicate the number of days
available for approval on the LWOP2 screen, attach it to, and provide the
PERS 24 to the warden or department head for approval. A copy of the
LWOP2 screen shall be filed with the PERS 24 in the employee’s unit or
department human resources file.
4. If the warden or department head approves the request for LWOP-Other,
the human resources representative shall enter a PSC in the PPS Payroll
Status Change Update (PSCUPD) screen indicating LWOP-Other.
5. If an employee uses LWOP-Other that has not been approved, the
employee may be subject to disciplinary action in accordance with PD-22,
“General Rules of Conduct and Disciplinary Action Guidelines for
Employees.”
PD-49 (rev. 12)
Page 29 of 33
C. Separation from Employment - Expiration of LWOP-Other
1. If the employee does not return to work immediately after the approved
LWOP-Other period is exhausted and is not placed in another category of
LWOP, such as LWOP-Medical, the human resources representative shall
enter a PSC in the PPS PSCUPD screen indicating “Expiration of LWOP.”
2. After the PSC has been approved by the warden or department head, the
human resources representative shall forward the employee a copy of the
PPS PSCUPD screen print accompanied by a PERS 302, Expiration of
Leave Without Pay Notification (Attachment D), advising the employee of
reemployment procedures and possible health coverage continuation rights
through provisions set by Consolidated Omnibus Budget Reconciliation
Act (COBRA).
Bryan Collier
Executive Director
PD-49 (rev. 12)
Attachment A
Page 30 of 33
PERS 24 (08/18) Original Copy: Unit or Department File Copy: Employee
TDCJ LEAVE REQUEST
Name (Print Last, First, Middle Initial)
Payee ID Number
TDCJ Unit/Department
Position Title
Salary Group and Rate
Months of State Service
Section I: Accrued Paid Leave Entitlements - All Categories
Check Type of Leave Requested Current Leave
Balances
From:
(Date & Time)
To:
(Date & Time) Hours/Minutes
Sick Leave Self
Immediate Family
Donated Sick Leave
Overtime
Compensatory Leave
Holiday
Vacation
Supervisor Approved
Denied Signature: Date:
Alternate Date for Compensatory/Holiday Leave:
Section II: Leave With Pay (Non-Accrued) - All Categories
Check Type of Leave Requested From:
(Date & Time)
To:
(Date & Time)
Extended Sick Leave
Military Leave
Annual Reserve Training
State Emergency Duty
Federal Declared Emergency Active Duty
Administrative Leave
Death in Immediate Family Adverse Weather (DM Required)
Reserve Law Enforcement Training Jury Duty
State EMS/Firefighting Volunteer Training Service Dog Training
Veterans Health Administration Leave
Other (Describe below)
Warden or Dept. Head Approved
Denied Signature: Date:
Human Resources Director Approved
Denied Signature: Date:
Administrative Leave Requiring Executive Director Approval
Executive Director Approved
Denied Signature: Date:
Section III: Leave Without Pay (LWOP) - All Categories
Check Type of Leave Requested From:
(Date & Time)
To:
(Date & Time)
LWOP/Military
LWOP/Medical (FML, Sick Leave, Workers’ Comp)
LWOP/Parental
LWOP/Other
Warden or Dept. Head Approved
Denied Signature: Date:
Section IV: Employee Comments and Signature
Employee Comments:
Employee Signature: Date:
Note to Employee: With few exceptions, you are entitled upon request: (1) to be informed about the information the TDCJ collects about you; and (2) under
Texas Government Code §§ 552.021 and 552.023, to receive and review the collected information. Under Texas Government Code § 559.004, you are also
entitled to request, in accordance with TDCJ procedures, that incorrect information the TDCJ has collected about you be corrected.
PD-49 (rev. 12)
Attachment B
Page 31 of 33
PERS 571 (08/18)
Lump Sum Deferral Enrollment Form
Texa$aver 401(k) and 457 Plans
Payroll Name: Separation Date:
Social Security Number: Date of Birth:
I have an existing account or have created an account with Empower prior to my separation/retirement from the state; and
I authorize my employer to defer my lump sum salary to my designated account as indicated below in the line provided
by each option.
Vacation or Overtime or Both:
401(k) or 457:
Percentage or Dollar Amount:
Traditional or Roth:
*Maximum or Specific Percent or Amount:
*I understand that if I elect to defer the maximum possible, a portion of this pay to cover Social Security and Medicare
taxes must be available to withhold and cannot be tax deferred. As such, this portion is subject to federal income tax
withholding as well, decreasing the option to elect 100% of these funds to be tax deferred.
Participant Signature Date
Note to Participant: In order to begin processing, all blanks must be completed.
For HR Use Only
Audited by:
HR Rep Printed Name HR Rep Signature Date
Initial upon completion:
All blanks have been completed.
Faxed to HRHQ Deferred Compensation Coordinator at 936-437-3577
Confirmed document was received at 936-437-4208
Copy to Employee
Copy to Employee Unit or Department Human Resources File, Activity Section
PD-49 (rev. 12)
Attachment C
Page 32 of 33
PERS 638 (08/18)
Texas Department of Criminal Justice
Veterans Health Administration Leave
Under Texas Government Code § 661.924, Medical And Mental Health Care Leave For Certain Veterans, a veteran may be granted up
to 15 days of administrative leave to obtain medical or mental health care administered by the Veterans Health Administration of the
United States Department of Veterans Affairs.
I. To be completed by the employee:
Employee Name: Payee ID:
(Please Print:) Last First MI
Payroll Title: Unit/Dept.:
Current Veterans Health
Administration Leave Balance
From:
(Date & Time)
To:
(Date & Time)
Documentation attached to support medical or mental health care under a program administered by the Veterans
Health Administration of the United States Department of Veterans Affairs.
I certify all the information provided by me in connection with this request is true and complete.
Employee’s Signature Date (mm/dd/yyyy)
Note to Employee: With few exceptions, you are entitled upon request: (1) to be informed about the information the TDCJ collects about you; and (2)
under Texas Government Code §§ 552.021 and 552.023, to receive and review the collected information. Under Texas Government Code § 559.004,
you are also entitled to request, in accordance with TDCJ procedures, that incorrect information the TDCJ has collected about you be corrected.
II. SUPERVISOR:
Printed Name Signature Date (mm/dd/yyyy)
III. HUMAN RESOURCES REPRESENTATIVE:
I certify that I have reviewed the information and the employee meets eligibility requirements.
Printed Name Signature Date (mm/dd/yyyy)
IV. WARDEN or DEPARTMENT HEAD:
Printed Name Signature Date (mm/dd/yyyy)
V. HUMAN RESOURCES DIRECTOR: Approved Disapproved
Printed Name Signature Date (mm/dd/yyyy)
Distribution: Original – Unit or Department Medical File; Copy – Employee
PD-49 (rev. 12)
Attachment D
Page 33 of 33
PERS 302 (08/18)
Texas Department of Criminal Justice
Expiration of Leave Without Pay Notification
Employee Name Date
Last First MI mm/dd/yyyy
Payee ID Number:
Employee Mailing Address
Street or P.O. Box City State Zip Code
Attached is a copy of the electronic payroll transaction which indicates your leave without pay (LWOP) has
expired. If you are able to return to TDCJ employment at a later date, you must apply through the Employment
Section, Human Resources Division.
If you are eligible for continuation of your health insurance coverage through the provisions set forth by the
Consolidated Omnibus Budget Reconciliation Act (COBRA), the Employees Retirement System of Texas (ERS)
will mail information relating to this option to your home address. If you have any questions regarding your
COBRA continuation rights, you should contact the ERS at 1-877-275-4377.
HUMAN RESOURCES REPRESENTATIVE:
Name (Printed) Signature
( )
Phone Number Date (mm/dd/yyyy)
Attachment(s)
Distribution:
Original - Employee
Copy - Employee Unit or Department Human Resources File, Payroll Section